2011-01-13_REVISION - C1981038 (8)

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f) The boundaries of any National Forest unless the required finding of compatibility has been made by the Secretary of the U.S. Department of Agriculture. (2.07.6(2)(d)(iii)(D)); g) One hundred feet of the outside right-of-way line of any public road except where mine access or haul roads join such line, and excepting any roads for which the necessary approvals have been received, notices published, public hearing opportunities provided, and written findings made; the permit area of the Bowie No. 1 Mine is within 300 feet of three public roads - Highway 133, Steven's Gulch Road and a BLM access road to East Roatcap Creek. Public notices, which provided opportunities for public hearings, were published weekly for these roads on March 19, 1981 through April 9, 1981, March 10, 1992 and February 6, 1991 respectively. Written approval for use and undermining of Steven's Gulch Road was obtained from the U.S. Forest Service as well as written approval from BLM for use of the East Roatcap Creek public access road (2.07.6(2)(d)(iv)). The highway temporary coal stockpile area and the coal loadout area are subject to valid existing rights; h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has been provided (2.07.6(2)(d)(v)). 5. On the basis of information submitted by BRL in the form of several cultural resource site surveys, letter from the Bureau of Land Management and with a letter dated October 31, 1997 from the Colorado State Historic Preservation Office, the Division finds that subject to valid existing rights as of August 3, 1977, the mining operation will not adversely affect any publicly owned park or place listed on or eligible for listing in the National Register of Historic Places as determined by the State Historic Preservation Office (2.07.6(2)(e)(i)). 6. For this surface mining operation, private mineral estate has not been severed from private surface . estate, therefore, the documentation specified by Rule 2.03.6(2) is not required (2.07.6(2)(f)). 7. On the basis of evidence submitted by the applicant and received from other state and federal agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado Surface Coal Mining Reclamation Act, the Division finds that BRL does not own or control any operations which are currently in violation of any law, rule, or regulation of the United States, or any State law, rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i). The most recent Applicant Violator System (AVS) check occurred on January 7, 2011 and the AVS recommendation was "Issue." 8. BRL, both the applicant and the operator, does not control and has not controlled mining operations with a demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of the Act (2.07.6(2)(h)). 9. The Division finds that surface coal mining and reclamation operations to be performed under this permit will not be inconsistent with other such operations anticipated to be performed in areas adjacent to the permit area (2.07.6(2)(i)). 10. The Division currently holds a total bond amount of $5,761,290.00 in three instruments. All three instruments are corporate sureties issued by the Lyndon Property Insurance Company and are in the amounts of $2,500,000.00, $2,500,000.00 and $761,290.00. Currently, the Bowie No. 1 Mine has a reclamation liability of $4,674,215.00. With the approval of PR-4, there will be a transfer of reclamation liability from Bowie No. 1 to Bowie No. 2 for four exploration drill holes and their associated disturbances. The subsequent decrease in reclamation 21